20041934 Ver 1_Approval Letter_20050112

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 12, 2005
Helen T. Lattimore
3122 Eton Road
Raleigh, CN 27608
Subject Property: Peyton Hall Subdivision
UT Rocky Creek
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1934
Wake County
Page 1 of 4
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse
River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Lattimore:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 198 feet of perennial streams, 95 feet of intermittent
streams, 18,245 square feet (ft2) Zone 1 buffers and 12,272 square feet (ft2) Zone 2 of protected
riparian buffers for the purpose of constructing a residential subdivision at the subject property,
as described within your application dated December2, 2004 and received by the N.C. Division
of Water Quality (DWQ) on December 2, 2004. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the
US Army Corps of Engineers (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233.
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
401 OversighUExpressRevieW Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 CrabVee Boulevard, Suite 250, Raleigh, Norttt Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
No°G Carolina
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Helen Lattimore
Page 2 of 4
January 12, 2005
The Additional Conditions of the Certification are:
Impacts Approved -The following impacts are hereby approved as long as all of the other
specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No
other impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream -Perennial 198 (feet)
Stream -Intermittent 95 (feet)
Buffers -Zone 1 18,245 (s uare ft.)
Buffers -Zone 2 12,272 (s uare ft.)
2. Erosion & Sediment Control Practices -Erosion and sediment control practices must be in
full compliance with all specifications governing the proper design, installation and operation
and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planni~zg and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosio~a Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
3. No Waste, Spoil, Solids, or Fill of Any Kind - No waste, spoil, solids, or fill of any kind
shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts
depicted in the Pre-Construction Notification. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters -Sediment and
erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of
the date that the Division of Land Resources has released the project.
5. Certificate of Completion -Upon completion of all work approved within the 401 Water
Quality Certification or applicable Buffer Rules, and any subsequent modifications, the
applicant is required to return the attached certificate of completion to the 401/Wetlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

f ,
Helen Lattimore
Page 3 of 4
January 12, 2005
6. Written Stormwater Management Plan - An additional condition is that a final, written
Stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be approved in writing by this Office before the impacts
specified in this Certification occur per Condition No. 4 in GC No. 3402. The Stormwater
management plan must include plans and specifications for Stormwater management-
facilities that are appropriate for surface waters classified as Class C and designed to
remove 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. These facilities must be designed to treat the runoff from
the entire project, unless otherwise explicitly approved by the Division of Water Quality.
Also, before any permanent building is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural
Stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural Stormwater practices shall be made
without written authorization from the Division of Water Quality.
7. Deed of Notification -Deed notifications or similar mechanisms shall be placed on all
retained jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put
in place prior to impacting any wetlands, waters and/or buffers approved for impact under
this Certification Approval and Authorization Certificate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) -
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:

Compensatory Mitigation
Re uired River and Sub-basin
Number
Stream 198 (feet)
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 Permit.

Helen Lattimore
Page 4 of 4
January 12, 2005
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0233. If you have any questions, please telephone John Dorney at 919-733-9646 or Bob
Zarzecki at 919-733-9726.
Sincerely,
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AWK/bs
Enclosures: GC 3402
Certificate of Completion
Alan W. Klimek, P.E.
cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27587
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
N.C. Ecosystem Enhancement Program
File Copy
Central Files
Filename: 04-1934 Peyton Hall Subdivision (Wake) 401 NBR

~OF W ATFRQ Michael F. Easley, Governor
~O ~i William G. Ross Jr., Secretary
~ L~~~~ r North Carolina Department of Environment and Natural Resources
~ -~-`°"'J`. 1°"'°`i .~ Alan W. Klimek, P.E. Director
°.~ Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Helen T. Lattimore has permission as outlined below
to impact 293 linear feet of streams for the purpose(s) of constructing the proposed Peyton Hall
Subdivision in Wake County. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT
PROGRAM
DWQ Project No.: 04-1934
DATE: January 12, 2005
LOCATION: Cary
COUNTY: Wake
BASIN/ SUB BASIN/ STREAM INDEX: 03-04-02 / 27-28
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation
of wetlands and surface waters as outlined below prior to conducting any activities that impactor
degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to one-quarter acre increments and linear foot requirements must be
rounded up to the nearest foot according to 15 2R.0503(b).
Impacts:
293 ft streams (198 ft perennial & 95 ft intermittent)
Mitigation:
198 ft perennial streams
Note: While DWQ is only requiring a 1:1 mitigation ratio, the USACE will most likely require a
2:1 ratio. As such, the total mitigation required by the applicant will most likely be 396 ft of
perennial stream.
In correspondence dated December 22, 2004, the EEP indicated that up to 3961inear feet of
mitigation will be conducted by EEP if necessary.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
No~tttCarolina
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Helen T. Lattimore
Page 2 of 3
January 12, 2005
One of the options you have available to satisfy the compensatory mitigation requirement is
through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you
choose this option, please sign this form and mail it to the Ecosystem Enhancement Program at
the address below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IlvIPACTS ARE NOT AUTHORIZED
UNTII. YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Filename: 04-1934